Law:

Section:

(a) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Right of pre-emption---Necessary facts---Proof---Mandatory for pre-emptor to prove performance of three Talbs i.e. Talb-e-Muwathibat, Talb-e-Ishhad and Talb-e-Khusumat to exercise his right of possession through pre-emption in respect of sale---While giving details of performance of Talb-e-Muwathibat, date, time and place is to be given in plaint, until and unless such details are provided in plaint, no suit for pre-emption is maintainable. Muhammad Iqbal v. Ali Sher 2008 SCMR 1682; Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302; Haii Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315 and Fazal Subhan and 11 others v. Mst.Sahib Jamala and others PLD 2005 SC 977 rel. (b) Punjab Pre-emption Act (IX of 1991)--- ----S. 13---Pre-emption suit---Non-mention of time and place of Talb-e-Muwathibat---Effect---Suit filed by pre-emptor was dismissed by Trial Court but Lower Appellate Court remanded the suit to Trial Court for framing additional issue relating performance of Talbs and then to decide the suit afresh---Validity---If the case was remanded to Trial Court for framing of specific issue regarding performance of Talbs, no useful purpose would be achieved as performance of Talb-e-Muwathibat was not proved in the plaint nor reflected from the evidence led by pre-emptor, therefore, suit had to be dismissed and Trial Court had rightly done so---High Court, in exercise of revisional jurisdiction set aside the and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. Muhammad Suleman v. Shaukat Ali 2009 SCMR 678; Haq Nawaz v. Muhammad Kabir 2009 SCMR 630; Fazal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018; Muhammad Iqbal v. Ali Sher 2008 SCMR 1682; Mian Pir Muhammad and another v. Faqir Muhammad through L.Rs. and others PLD 2007 SC 302 and Mst. Asia Bano v. Javed Akhtar Civil Petition No.1137 of 2008 rel. Gul Nawaz v. Gul Bazar and another 1996 MLD 1406; M.C.B. v. Syed Ahmad Saeed Kirmani 1991 CLC 140; Budhoo v. Liaqat Hussain and 18 others 1986 CLC 2958; Messrs Choudhary Brothers Ltd.,…

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